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1. Wilson v Welch [pdf, 53 KB]

   ...breach of contract by Mr and Mrs Welch, relying on the warranty provided by them in the sale and purchase agreement signed in October 2001. In addition they seek to recover in tort alleging Mr and Mrs Welch breached their non-delegable duty of care owed to the claimants as successive purchasers as they were the builder-developers of the property. [32] The claim against the third respondent, Mr Knowles is in tort, and alleges that as the actual builder, he failed to carry out...

2. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...to "the Board" refer to the New Zealand Psychologists Board; (b) The term "specialist report writer" means any person (other than a cultural report writer) from whom a psychological report has been requested under s 133 of the Care of Children Act 2004 or under s 178 of the Children, Young Persons and Their Families Act 1989 (CYPF Act); (c) References to "report writers", unless otherwise stated, refer to specialist report writers. "Report" has a...

3. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...is disposed of by regulation 32(1) of the Maori Assembled Owners Regulations 1995. If this is the test then no meeting of the owners of the tJ1.lst will in practice be able to pass a valid resolution. That said, the trustees are entitled to have careful regard to the wishes of the owners as expressed at owners meetings. One of the requirements in exercising a distributive filllction is that the trustees must be informed and so the meeting of owners had a very imp0I1ant practical eff...

4. Wynn-Parke & Anor v CAC20008 & Ors [2015] NZREADT 8 [pdf, 232 KB]

   ...With regard to clause 28 of the Conditions of Sale, he insisted that he said that “if” the existing lease were to be cancelled, he understood that AT would issue a new lease to the successful bidder of the freehold property. [60] Mr Hewes was carefully cross-examined by all parties or their counsel. Under cross-examination by Mr Wilson he insisted that, at all times, he followed the advice he was given by Bell Gully which, inter alia, was that AT intended to cancel the lease and r...

5. BORA Animal Products (Dairy Products and Other Matters) Bill [pdf, 80 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Power to examine 4. Section 88(1)(b)(i) of the Animal Products Act currently enables an animal product officer to remove documents or...

6. BORA Overseas Investment (Owning Our Own Rural Land) Amendment Bill [pdf, 274 KB]

   ...ss 16(1)(e)(iii), 17A(2)(a) and (b)). The additional jobs or increase in exports are to be additional to what is likely to occur in the foreseeable future if a New Zealander purchased the land (new s 17A(3)). The conditions include mechanisms for protecting the environment and the historic heritage of the land. 5.The Bill also provides that where an overseas person is intending to reside in New Zealand indefinitely, the Minister must impose a condition on the consent that the overseas p...

7. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Kristina Muller, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the genera...

8. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions. Footnot...

9. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...Crown to comply with a Culture and Heritage protocol issued under Part 2 of the Bill. It might be argued that this clause limits the right to bring civil proceedings against the Crown affirmed by s 27(3) of the Bill of Rights Act. However s 27(3) protects only procedural rights,[6] while clause 29(3) affects the substantive law. Accordingly, no inconsistency arises. Review of this advice 9. This advice has been reviewed, in accordance with Crown Law protocol, by Fergus Sincla...

10. BORA Support for Children in Hardship Bill [pdf, 288 KB]

    ...inconsistent. 12. We understand from MSD there is flexibility in how the work obligations in the Bill will be applied to beneficiaries. Work availability obligations are to be balanced with consideration of employment suitability, exemptions, and protections. Conclusion 13. We have concluded the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Tania Warburton Acting Chief Legal Counsel Office of Legal Counsel Disclaimer In a...